UK company is a partner in a Delaware LLC

Question posted by Donald Inglis

Does the UK company need to file a US tax return?
If so how, when, time limites, how do we apply for an ITIN number etc?

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Roger Frampton, on behalf of ExportAction in Clearwater, Florida, USA.

Hi Donald

I recommend you contact an acknowledged expert on U.S. as well as UK tax law.

We have good experience of Frank Hirth ( We were introduced to them by UKTI.

You might also find our web site ( helpful.

Best of luck.

Roger Frampton

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Stephen Curtis, on behalf of Curtis Law LLC in Chicago, Illinois.


The Delaware LLC statute provides that a company will not be deemed to be doing business in Delaware just because it is a member of an LLC (Delaware or "foreign"). The likely upshot of this is that you are not required to register for state taxes in DE on that basis alone. I doubt there would be a federal tax registration requirement either, without other facts, but that's a little outside my expertize.


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Sue Marsden Gilpin, on behalf of UK Trade & Investment USA in United States.

Hi Donald,

Thanks for reaching out on the Open to Export portal. We recently posted an article about taxes, please see the article here:

Also, it might be best to contact the Delaware Economic Development Office for the most accurate and up-to-date information, direct link here:

Hope this helps!

Diana Lau

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